DOCSLIB.ORG

'One Can Never Harbour Too Much Doubt in Matters Concerning the State'

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
'One Can Never Harbour Too Much Doubt in Matters Concerning the State' ACADEMIC NEWS ‘One can never harbour too much doubt in matters concerning the State’ John A.E. Vervaele A laudation delivered by Professor John A.E. Vervaele* at the Dom Church in Utrecht on 26 March 2007 when awarding a Doctorate Honoris Causa to Professor Diane Marie Amann on the occasion of the 371st anniversary of Utrecht University. ‘On ne doute jamais trop, quand il s’agit de l’Etat’, ‘One can never harbour too much doubt in matters concerning the State’.1 This statement by the French philosopher Bourdieu is the maxim of the work of Professor Diane Marie Amann. Professor Amann’s academic work examines the law’s response to globalization; in particular, the interaction of national, regional, and international legal regimes which are at play in efforts to combat atrocities and cross-border crime. Changes circulate around the world of criminal justice. There is increased attention to global crime – money laundering, terrorism, crimes against humanity. Amann’s scholarly work reflects a strong legal and inter- and intradisciplinary approach. She combines inside knowledge from legal and political science. Within legal science she combines legal thinking from Domestic Criminal Procedure, Federal Jurisdiction and Public International Law with legal concepts of International Criminal Law, Transnational Criminal Law, International Human Rights Law and Comparative Constitutional Law. The result is a myriad of surprising analysis and a richness of teaching. Let me pay some attention to three mainstream aspects in her work. Global justice in criminal matters leads to increasing cooperation between states and to the establishment of supranational criminal tribunals. She analyzes watershed moments in the convergence of law, producing a transnational legal process theory, based on the need for a model constitutional criminal procedure. Professor Amann not only takes inspiration from the US model of constitutionalized criminal procedure in the US, but has great knowledge of the legal evolution in Europe. She is an American Scholar with strong European ties and an interest in European legal pluralism and integration. She has great knowledge of the process of Justice integration in Europe, both by the Human Rights Convention and the case law of the Council of Europe and Justice integration in the EU. Amann is fascinated by the convergence of different * Professor of Economic and Financial Criminal Law (Utrecht University, School of Law) and a member of the Editorial Board of the Utrecht Law Review. 1 P. Bourdieu, ‘Esprits d’Etat. Genèse et structure du champ bureaucratique’, in P. Bourdieu, Raisons pratiques : Sur la théorie de l’action, 1994, p. 102. http://www.utrechtlawreview.org/ Volume 3, Issue 2 (December) 2007 227 JOHN A.E. VERVAELE legal traditions, in the criminal justice system, in both the accusatorial and inquisitorial systems. She is also very much attracted by legal pluralism and conflicts of laws and processes concerning the regulation of diversity through law. Also the international criminal courts in The Hague are here an experiment in the convergence of criminal procedure. She is very much interested in the transboundary dimensions of new legal spaces, either from a supranational or a comparative perspective. However, she is very conscious that structural obstacles remain, like for instance the lack of independence of the judiciary in some countries and the perceived threats to national sovereignty that can strike a discord in the trend towards convergence in criminal procedure. This brings me to a second mainstream aspect in her scholarly work. She has written a great deal on international criminal law, dealing with genocide and the rights of children in trials dealing with crimes against humanity. But here her work on this topic does have a very interest- ing meta-level that I would describe as the interaction between international criminal courts and the sovereign state. To which extent are these courts the creations of state sovereignty and to which extent are they the emanation of justice in a global community? The law of the land of the Nation States has become an open concept of shared sovereignty, not only between Nation States, but also with the sovereignty of international organizations and the international judiciary. Here, an in-depth analysis of the United States and its positions as regards the International Criminal Court is a starting point for a meta analysis of bringing in an external dimension, that is foreign law. In Europe complexity is taken as given with regard to public as well as private law, and surely with regard to the interaction between national and extranational regimes. This is not the case in the US. Conflict among external and internal sources of law is obscured, as is any need to resort to methods of resolving conflict. Globalization and international criminal justice do mean that national courts have to increasingly deal with foreign aspects. The newness of transnational matters often exposes ‘vacant spaces’ in domestic jurisprudence. Consultation of external norms that may fill those gaps is most appropriate. Here her work constantly advocates comparative legal work in the judiciary. She applies this in her scholarly writing at all times. She has developed this reasoning in her recent work that focuses on legal responses to U.S. policies concerning executive detention at Guantánamo Bay, Abu Ghraib and elsewhere, on the use of foreign and international law in U.S. constitutional decision making and on the trials of deposed leaders in Iraq, Serbia, and West Africa. Her article in 2005 on Abu Ghraib, that is part of this third mainstream aspect, was awarded the title of ‘Article of the Year in International Criminal Law’ by the American section of the International Association of Penal Law. She underlines the fact that in the aftermath of 9/11 a new legal regime has been deliberately constructed, a self-conscious creation of the Executive branch of State power, including the deliberate executive construction of law-free zones of detention, setting aside a complex map of laws concerning detention and interrogation, ranging from the 1949 Geneva Convention on the laws of war to the common habeas corpus guarantees which are deeply-rooted in our legal history. The result is that the executive policy in dealing with the struggle against terrorism has been created, not hampered by judicial supervision, enemy aliens, unlawful combatants and enemy combatants. By using instruments of extraterritoriality and offshore detention these enemies have been reduced to non-persons. In her famous articles on Guantánamo Bay and Abu Ghraib she provides sharp evidence of the failure of the law to keep lawlessness in check. Not only US domestic law, but also Public International Law tolerates mechanisms like reservation and non-self-execution on which the Executive has drawn support for its detention and interroga- tion policies, by which states cushion themselves against the enforcement of international obligations. She stresses that disclosed confidential legal memoranda of the executive on Abu 228 ‘One can never harbour too much doubt in matters concerning the State’ Ghraib (also described in the literature as the Road to Torture) have provided rare and troubling evidence of the deliberate construction of a framework that appeared, at first sight, to be ruled by law, but was not so. The framework might better be termed ‘legalist’ than ‘legal’; within it, the only laws recognized were those allowing ‘a free rein for presidential prerogative in the guise of legal constraints.’2 Both Guantánamo and Abu Ghraib underline the need to integrate common standards in the domestic legal orders, emanating from comparative constitutional law and from international humanitarian and human rights law. The cornerstone of the fundamental rights tradition is that each human being enjoys certain rights simply because he or she has been born as a human, and it is upon respect for the dignity and equality inherent in each human being that freedom, justice and peace depend. No boundary confines this notion. The essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of human dignity. The analysis by Professor Amann is not only a mirror for the US, but also a mirror for the European continent. European authorities and institutions have cooperated in the deliberate executive construction of law-free zones. Files on extraordinary rendition, secret CIA flights and the scandal concerning the processing of personal data for the US by the Society for Worldwide Interbank Financial Telecommunications (SWIFT) underline the fact that also in Europe the law has failed to keep lawlessness in check. Professor Amann is a leading scholar on international justice in criminal matters. Thanks to her background – she served as a law clerk for U.S. District Judge Prentice H. Marshall and for U.S. Supreme Court Justice John Paul Stevens, and then practiced federal criminal defense law in San Francisco – she combines scholarly thinking with a great insight into legal practice. Moreover, Professor Amann is active in leading forums such as The American Society of International Law, the American Society of Comparative Law, the International Association of Constitutional Law, etc. She has been a professeur invitée at the Faculté de droit, Université de Paris 1 (Panthéon-Sorbonne), and a Visiting Professor at the Irish Centre for Human Rights, National University of Ireland, Galway. Her scholarly work, so erudite and brilliant, and her legal activism for justice in the world is for us a great guidance. We are delighted to honor Diane Amann with a doctorate honoris causa on the occasion of the commemoration of the 371st anniversary of Utrecht University. 2 D. Marie Amann, ‘Abu Ghraib’, 2005 University of Pennsylvania Law Review, no. 6, p. 2126. 229.
Load more

Recommended publications
  • Case 4:21-Cv-00416 Document 1 Filed 01/15/21 Page 1 of 34
    Case 4:21-cv-00416 Document 1 Filed 01/15/21 Page 1 of 34 1 Abigail P. Barnes (Bar No. 313809) Scarlet Kim* COVINGTON & BURLING LLP Dror Ladin* 2 Salesforce Tower Hina Shamsi* 415 Mission Street, Suite 5400 AMERICAN CIVIL LIBERTIES UNION 3 San Francisco, California 94105-2533 FOUNDATION Telephone: +1 (415) 591-6000 125 Broad Street, 18th Floor 4 Facsimile: +1 (415) 591-6091 New York, NY 10004 Email: [email protected] Telephone: +1 (212) 549-2660 5 Email: [email protected], [email protected], Trisha B. Anderson* [email protected] 6 David M. Zionts* Alexander N. Ely* *Application for admission pro hac vice 7 Diana Lee* forthcoming COVINGTON & BURLING LLP 8 One CityCenter Attorneys for Plaintiffs 850 Tenth Street, NW 9 Washington, DC 20001-4956 Telephone: +1 (202) 662-6000 10 Facsimile: +1 (202) 662-6291 Email: [email protected], [email protected], 11 [email protected], [email protected] 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 LEILA N. SADAT; K. ALEXA KOENIG; NAOMI Civil Case No.: ROHT-ARRIAZA; and STEVEN M. WATT, 15 COMPLAINT FOR DECLARATORY AND Plaintiffs, INJUNCTIVE RELIEF 16 v. 17 DONALD J. TRUMP, in his official capacity as 18 President of the United States; U.S. DEPARTMENT OF STATE; MICHAEL R. 19 POMPEO, in his official capacity as Secretary of State; U.S. DEPARTMENT OF THE TREASURY; 20 STEVEN T. MNUCHIN, in his official capacity as Secretary of the Treasury; U.S. DEPARTMENT 21 OF JUSTICE; JEFFREY A. ROSEN, in his official capacity as Acting Attorney General; OFFICE OF 22 FOREIGN ASSETS CONTROL; and ANDREA M.
    [Show full text]
  • Beth Van Schaack Leah Kaplan Visiting Professor in Human Rights, Stanford Law School Faculty Affiliate, Stanford Center for Human Rights & International Justice
    Beth Van Schaack Leah Kaplan Visiting Professor in Human Rights, Stanford Law School Faculty Affiliate, Stanford Center for Human Rights & International Justice EDUCATION UNIVERSITY OF LEIDEN • PhD in International Criminal Law (2020) YALE LAW SCHOOL, J.D. (1997) • Student Director, Schell Center for International Human Rights & Lowenstein Human Rights Clinic • Editor, YALE LAW JOURNAL STANFORD UNIVERSITY, B.A. (1991) • Majored in Human Biology with a concentration in Feminism & Public Policy • Phi Beta Kappa EXPERIENCE STANFORD LAW SCHOOL (2014-present) • Acting Director, International Human Rights & Conflict Resolution Clinic (Spring & Fall 2019). Supervise students engaged in full-time human rights clinical projects involving fact-finding, litigation, and advocacy on behalf of clients and partner organizations. • Leah Kaplan Visiting Professor in Human Rights. Teaching, blogging, and writing in multiple areas of international law. Courses developed and taught: Human Rights Theory & Practice; Interdisciplinary Perspectives on Human Trafficking; International Justice; Contemporary Issues in International Criminal Law; International Criminal Law: From Stanford to The Hague (with a field study to The Netherlands); Human Trafficking: Law & Policy (with a field study to Thailand); Understanding the Impact of New Technologies on Human Rights Investigations & Transitional Justice (with field study to Colombia); and Human Rights Stories. • Co-Founder & Co-Director, Stanford Human Rights in Trauma Mental Health Program, Department of Psychiatry & Behavioral Sciences, School of Medicine. • Lecturer, Department of Psychiatry & Behavioral Sciences, School of Medicine. • Faculty Affiliate, Stanford Center for Human Rights & International Justice. CENTER FOR ADVANCED STUDY IN THE BEHAVIORAL SCIENCES (2017-18). • Fellow. Conducted research on innovations in accountability and transitional justice emerging from the conflicts in Syria and Iraq.
    [Show full text]
  • STATEMENT of LAWYERS and LEGAL SCHOLARS AGAINST U.S. SANCTIONS on ICC INVESTIGATORS of ATROCITIES June 2020 As Lawyers and Lega
    STATEMENT OF LAWYERS AND LEGAL SCHOLARS AGAINST U.S. SANCTIONS ON ICC INVESTIGATORS OF ATROCITIES June 2020 As lawyers and legal scholars with experience in the fields of international law and national security, we urge the President to rescind his June 11 Executive Order targeting investigators and prosecutors of the International Criminal Court (ICC). The Order authorizes asset freezes and visa denials against ICC lawyers and officials who investigate U.S. personnel, including military and CIA personnel for alleged torture, rape, and other war crimes in Afghanistan, and relatedly at CIA “black sites” in Lithuania, Poland and Romania. All of these States are Parties to the ICC, an international court to which 123 countries – including our democratic allies in Europe and nations such as Australia, Canada, Costa Rica, Japan, South Africa and South Korea – are parties. The ICC is authorized by its statute to prosecute genocide, war crimes, and crimes against humanity, committed on the territories of its State Parties. The undersigned have a diversity of views on the ICC and its Afghanistan investigation. However, we share the conviction that sanctioning ICC lawyers for carrying out their responsibilities to investigate atrocities is wrong in principle, contrary to American values, and prejudicial to U.S. national security. U.S. sanctions have long been legitimately imposed on terrorists, international criminals, and gross violators of human rights. But targeting ICC lawyers – and in some cases their families – punishes the very people who investigate atrocities. Seeking to intimidate investigators and punish prosecutors perverts the purpose and undermines the legitimacy of sanctions. The Afghanistan investigation is not a case of runaway prosecutors.
    [Show full text]
  • The Post-Postcolonial Woman Or Child , 30 Am
    Digital Commons @ Georgia Law Scholarly Works Faculty Scholarship 1-1-2015 The oP st-Postcolonial Woman Or Child Diane Marie Amann University of Georgia School of Law, [email protected] Repository Citation Diane Marie Amann, The Post-Postcolonial Woman Or Child , 30 Am. U. Int'l L. Rev. 1 (2015), Available at: http://digitalcommons.law.uga.edu/fac_artchop/990 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ Georgia Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Digital Commons @ Georgia Law. For more information, please contact [email protected]. SIXTEENTH ANNUAL GROTIUS LECTURE RESPONSE THE POST-POSTCOLONIAL WOMAN OR CHILD 1 DIANE MARIE AMANN “‘Let the child be excused by his age, the woman by her sex,’ says Seneca in the treatise in which he vents his anger upon anger.”2 So wrote the namesake of this lecture, Hugo Grotius, in his masterwork entitled The Law of War and Peace. With that quotation, “Let the child be excused by his age, the woman by her sex,” Grotius traced to the writings of an ancient Roman philosopher the injunction against harming women and children in time of war. Grotius’s reiteration of Seneca’s words tacitly admitted that as late as 1625, armies still were violating the injunction. Sadly, the same is true 389 years later. Today, neither women nor children are excused from Distinguished Discussant for Sixteenth Annual Grotius Lecture Series, delivered to the 108th Annual Meeting of the American Society of International Law, Washington, DC, April 9, 2014.
    [Show full text]
  • The Policy on Children of the ICC Office of the Prosecutor: Toward
    International Review of the Red Cross (2019), 101 (911), 537–549. Children and war doi:10.1017/S181638312000003X The Policy on Children of the ICC Office of the Prosecutor: Toward greater accountability for crimes against and affecting children Diane Marie Amann* Diane Marie Amann is Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law. She has served since 2012 as the International Criminal Court Prosecutor’s Special Adviser on Children in and Affected by Armed Conflict. Abstract The Policy on Children published by the International Criminal Court (ICC) Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar situations of extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children. * As Special Adviser, the author assisted in the research, drafting and implementation of the Policy discussed in this article; however, the article itself is written solely in her personal capacity. © icrc 2020 537 D. M. Amann Keywords: children, child soldiers, crimes against humanity, genocide, International Criminal Court, war crimes. Children have become the unwilling emblems of armed conflict and extreme violence. Searing proofs of this claim surface almost daily in news stories, aid workers’ alerts and rights groups’ dispatches. Particularly unforgettable was the 2015 photograph of a war refugee whose 3-year-old body had washed up, face down, on a Turkish beach1 – yet this example was by no means unique.
    [Show full text]
  • Policy on Children NOVEMBER 2016
    ICC_POLICY COVER_eng.pdf 2 2016-11-06 5:15 PM Le Bureau du Procureur The Office of the Prosecutor Policy on Children NOVEMBER 2016 C M Y CM MY CY CMY K Policy on Children November 2016 November 2016 Policy on Children Table of Contents Executive Summary I. Introduction II. General Policy III. The Regulatory Framework (a) Conscription, enlistment and use of children under the age of fifteen years to participate actively in hostilities (b) Forcible transfer of children and prevention of birth (c) Trafficking of children as a form of enslavement (d) Attacks against buildings dedicated to education and health care (e) Torture and related crimes (f) Persecution (g) Sexual and gender-based crimes IV. Preliminary Examinations V. Investigations (a) Initial contact and interviews with children (b) Psycho-social assessment (c) Protection measures VI. Prosecutions (a) Selection of charges (b) Interactions with children (i) Pre-testimony (ii) In-court measures (iii) Post-testimony follow-up and communication (c) Evidence (d) Sentencing (e) Reparations VII. Cooperation and External Relations VIII. Institutional Development IX. Implementation of this Policy 1 November 2016 Policy on Children Executive Summary Millions of children, women and men have been, and continue to be, victims of unimaginable atrocities that deeply shock the conscience of humanity. Recognising this, States at the Rome Conference committed to establishing the International Criminal Court “for the sake of present and future generations”. Various provisions of the Rome Statute, Rules of Procedure and Evidence and Elements of Crimes highlight the importance of the effective investigation and prosecution of crimes against or affecting children, as well as the protection of children’s rights and interests.
    [Show full text]
  • Dean's Report, 2013 Rebecca White University of Georgia School of Law, [email protected]
    Digital Commons @ Georgia Law Dean’s Report Archives 1-1-2013 Dean's Report, 2013 Rebecca White University of Georgia School of Law, [email protected] Recommended Citation White, Rebecca, "Dean's Report, 2013" (2013). Dean’s Report. 1. https://digitalcommons.law.uga.edu/dean_report/1 This Article is brought to you for free and open access by the Archives at Digital Commons @ Georgia Law. It has been accepted for inclusion in Dean’s Report by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Dean’s Report 2013 Dear Alumni and Friends, Each year, I welcome the opportunity to prepare this annual Dean’s Report as it allows me to reflect on the activities of the previous 12 months. Having just completed This past summer, phase three of our multiyear, my 10th year as the multimillion dollar renovation process was completed. dean of the University This most recent construction involved updating the of Georgia School hallways on the second and third floors to aesthetically Dean Rebecca Hanner White of Law, I continue link with the work previously completed on the first to find the loyalty floor, the Rotunda and the northern end of the law and affection demonstrated by you, our alumni and school’s primary building. If you have not been to friends, to be inspiring. Relying upon the talents of our campus recently, I encourage you to come and see this dedicated faculty and staff as well as our intelligent renovation for yourself.
    [Show full text]
  • Navigating Between Scylla and Charybdis: How the International Criminal Court Turned Restraint Into Power Play
    Emory International Law Review Volume 33 Issue 1 2018 Navigating Between Scylla and Charybdis: How the International Criminal Court Turned Restraint into Power Play Rebecca A. Shoot Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Rebecca A. Shoot, Navigating Between Scylla and Charybdis: How the International Criminal Court Turned Restraint into Power Play, 33 Emory Int'l L. Rev. 133 (2018). Available at: https://scholarlycommons.law.emory.edu/eilr/vol33/iss1/3 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. SHOOT_COMMENTPROOFS 12/17/2018 12:24 PM NAVIGATING BETWEEN SCYLLA AND CHARYBDIS: HOW THE INTERNATIONAL CRIMINAL COURT TURNED RESTRAINT INTO POWER PLAY†♦ INTRODUCTION: MOVING BEYOND EXISTENTIAL CHALLENGES TO CONFRONT THE INTERNATIONAL CRIMINAL COURT’S CONTEMPORARY DILEMMAS Across nearly two decades since its establishment, volumes have been written and feature films produced devoted to recounting the embattled origin story of the International Criminal Court (ICC or the Court).1 Despite hand- wringing by perennial skeptics;2 opposition of persistent objectors, notably including the United States;3 and second-guessing from disenchanted former proponents,4 the ICC is now, in the words of its current chief prosecutor, “a fact of life.”5 And yet, despite having been a half-century in the making,6 “construction [on the Court] continues.”7 † The title of this Comment is drawn from Odysseus’s fictional triumphant helmsmanship of his vessel through the modern-day Strait of Sicily between two mythical sea monsters.
    [Show full text]
  • ON COMMAND Diane Marie Amann*
    ON COMMAND Diane Marie Amann* In Justice in Extreme Cases, Professor Darryl Robinson examines a legal discipline emergent in the last seven decades within the context of a much older field that helped to shape the newcomer; as stated more precisely in its subtitle, his book deploys “criminal law theory” in order to evaluate “international criminal law.”1 I am honored to have taken part in the lively and wide-ranging academic conversation that Temple University Beasley School of Law hosted while the book still was in press. My initial remarks at that roundtable concerned Annex 3 to the book. Titled “Bemba: ICC Engagement with Deontic Analysis,” Annex 3 considers a 2018 appellate interpretation of the International Criminal Court (ICC) statutory provision respecting command responsibility.2 This written contribution to the consequent journal edition likewise will respond to issues discussed in that annex as well as Annex 4, titled “The Pendulum Swing? Possible Questions from the Bemba Appeal Judgment.”3 In this book, deontic analysis is said to comprise a trio of “deontic principles”: first, “that persons are held responsible only for their own conduct”; second, that definitions of criminal behavior “not be applied retroactively and that they be strictly construed”; and third, “that the label of the offence should fairly express and signal the wrongdoing of the accused.” 4 Labeled shorthand as “personal culpability,” “legality,” and “fair labelling,” these three surely constitute standard components of criminal justice (to use Robinson’s term, of “criminal law theory”) within contemporary liberal democratic societies.5 That said, the term “deontic” resonates most closely with the concept of duty, given that its Greek root, δέον (déon), connotes duty or obligation.
    [Show full text]
  • Diane Marie Amann Holds the Emily & Ernest Woodruff Chair In
    Prof. Diane Marie Amann (University of Georgia) Diane Marie Amann holds the Emily & Ernest Woodruff Chair in International Law at the University of Georgia School of Law. She has served since mid-2017 as a Faculty Co-Director of the Dean Rusk International Law Center, a position she took up after completing a two-and-a-half- year term as Associate Dean for International Programs & Strategic Initiatives. Since she joined the Georgia Law faculty in 2011, Amann has taught Children & International Law, Constitutional Law, Criminal Law, International Criminal Law, International Human Rights, Laws of War, Public International Law, Refugee & Asylum Law, and Transnational Criminal Law. She is an affiliated faculty member of the university's African Studies Institute, and further serves as the International Criminal Court Prosecutor’s Special Adviser on Children in and Affected by Armed Conflict. The author of more than four dozen publications in English, French and Italian, Amann focuses her scholarship on the ways that national, regional and international legal regimes interact as they endeavor to combat atrocity and cross-border crime. Among her most recent publications is the American Society of International Law Benchbook on International Law (Diane Marie Amann ed., 2014). Amann came to Georgia Law from the University of California, Davis, School of Law, where she was a professor of law, the founding director of the California International Law Center and a Martin Luther King Jr. Hall Research Scholar, and from which she received the Distinguished Teaching Award and the Homer Angelo Award for Outstanding Contributions to International Law. She has also served as a visiting professor at the University of California, Berkeley, at the University of California, Los Angeles, and at the Irish Centre for Human Rights at the National University of Ireland, Galway, and as a professeur invitée at the Université de Paris 1 (Panthéon- Sorbonne).
    [Show full text]
  • Ending the Circular Conundrum of the US-ICC Relationship
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Global Studies Law Review Volume 12 Issue 3 The International Criminal Court At Ten (Symposium) 2013 A Meeting of the Minds in Rome: Ending the Circular Conundrum of the U.S.-ICC Relationship Christopher "Kip" Hale American Bar Association (ABA), Center for Human Rights Maanasa K. Reddy The Human Rights Law Network Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the International Law Commons, and the Law and Politics Commons Recommended Citation Christopher "Kip" Hale and Maanasa K. Reddy, A Meeting of the Minds in Rome: Ending the Circular Conundrum of the U.S.-ICC Relationship, 12 WASH. U. GLOBAL STUD. L. REV. 581 (2013), https://openscholarship.wustl.edu/law_globalstudies/vol12/iss3/16 This Symposium is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. A MEETING OF THE MINDS IN ROME: ENDING THE CIRCULAR CONUNDRUM OF THE U.S.-ICC RELATIONSHIP CHRISTOPHER “KIP” HALE∗∗∗ MAANASA K. REDDY∗∗∗∗∗∗ “This is a great regret that we are not a signatory. I think we could have worked out some of the challenges that are raised concerning our membership. But that has not yet come to pass.”1 —United States Secretary of State, Hillary R.
    [Show full text]
  • John Paul Stevens, Originalist
    Copyright 2012 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 106, No. 2 JOHN PAUL STEVENS, ORIGINALIST Diane Marie Amann ABSTRACT—Commentators, including the author of a recent book on the Supreme Court, often attempt to give each Justice a methodological label, such as “practitioner of judicial restraint,” “legal realist,” “pragmatist,” or “originalist.” This Essay first demonstrates that none of the first three labels applies without fail to Justice John Paul Stevens; consequently, it explores the extent to which Justice Stevens’s jurisprudence paid heed to the fourth method, “originalism.” It looks in particular at Justice Stevens’s opinions in recent cases involving firearms, national security, and capital punishment. Somewhat at odds with conventional wisdom, the Essay reveals Justice Stevens as a kind of originalist—as a Justice duty-bound to identify and enforce principles, such as liberty and fairness, that the Framers embedded in the Constitution. To do so, Justice Stevens has practiced a fifth methodology, one that synthesizes many sources and interpretive techniques in an effort to reach a decision that serves a contemporary understanding of justice. AUTHOR—Emily and Ernest Woodruff Chair in International Law, University of Georgia School of Law, Athens, Georgia; October Term 1988 law clerk for Justice John Paul Stevens. A version of this Essay was presented as part of a panel on “Justice Stevens’s Methods of Interpretation” at the May 12, 2011, symposium of the Northwestern University Law Review entitled “The Legacy of Justice Stevens.” Justice Stevens once served as Co-Editor-in-Chief of the Northwestern University Law Review, and I, years later, served as a Note and Comment Editor.
    [Show full text]